Obligation Type
Present Obligation
Does a present obligation exist from a past event?
IAS 37 Provision Assessment Toolkit — free PDF
Complete audit toolkit: IAS 37 recognition decision flowchart, measurement methodology guide, discounting worked examples, disclosure checklist, provision type cheat sheet, and journal entry templates.
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IAS 37.14 — A provision shall be recognised when: (a) an entity has a present obligation from a past event; (b) it is probable that an outflow will be required; (c) a reliable estimate can be made.
IAS 37.36 — The amount recognised shall be the best estimate of the expenditure required to settle the present obligation at the end of the reporting period.
IAS 37.39 — Where there is a large population of items, the obligation is estimated by weighting all possible outcomes by their associated probabilities (expected value).
IAS 37.45 — Where the effect of the time value of money is material, the amount of a provision shall be the present value of the expenditures expected to settle the obligation.
IAS 37.72 — A constructive obligation to restructure arises only when an entity has a detailed formal plan and has raised a valid expectation in those affected.
IAS 37 Provisions in Real Estate
Real estate and property companies carry provision portfolios dominated by physical asset obligations: lease reinstatement costs, environmental remediation for contaminated sites, construction defect liabilities, and demolition provisions. Lease reinstatement provisions are almost universal for property companies that lease and modify commercial spaces — the obligation to restore premises to their original condition at lease end meets all three IAS 37 recognition criteria at the point the modifications are made, not at lease end. Environmental remediation provisions are significant for developers working with brownfield sites, where contamination from previous industrial use creates legal obligations under environmental legislation. Construction defect provisions affect property developers during the defect liability period following project completion, typically 2-10 years depending on jurisdiction and contract terms.
Measurement Considerations for Real Estate
Lease reinstatement provisions should be measured at the best estimate of the cost to restore premises to the condition specified in the lease agreement. This typically includes stripping out tenant improvements, removing fixtures and fittings, repairing any damage, and potentially reinstating original services configurations. The provision is recognised when the obligation arises — at the point the entity makes modifications to the premises, not at lease end. For properties with long remaining lease terms (5+ years), the provision must be discounted to present value using a pre-tax rate. The corresponding debit entry depends on the nature of the obligation: for new leases, it forms part of the right-of-use asset under IFRS 16; for modifications to existing properties, it may be capitalised as part of the fit-out cost. Construction defect provisions for developers with large portfolios should use the expected value method, weighting probable defect claims by their likelihood and cost based on historical defect data from completed projects.
Regulatory Context and Audit Considerations
Environmental remediation obligations for real estate are governed by national environmental legislation (e.g., Environmental Liability Directive 2004/35/EC in the EU, CERCLA/Superfund in the US). Due diligence on acquisitions should identify contamination risks that will create IAS 37 obligations. The provision should be recognised when the contamination is identified and a legal or constructive obligation to remediate exists — this is often at the point of acquisition, with the cost forming part of the property's carrying amount. Onerous lease provisions for vacant properties require careful analysis: if a property is vacant but the entity has an unavoidable lease obligation that exceeds any sublease income, the net cost represents an onerous contract under IAS 37.66. The May 2020 amendment to IAS 37 is relevant here: the cost of fulfilling includes not just incremental costs but also an allocation of directly related costs.
Common Provision Types in Real Estate
Obligation to restore leased premises to original condition — common for property developers who lease and modify commercial spaces
Contaminated land remediation — brownfield sites, asbestos removal, industrial legacy contamination
Developer liability for construction defects in completed properties — structural, waterproofing, fire safety
Onerous lease provisions for vacant properties where rental income is below unavoidable costs
Demolition provisions for properties at end of life or required to be demolished under planning conditions
Worked Example: Meridian Property Development BV
Meridian holds a 15-year lease on a 3,000m² commercial property that was extensively modified for a tenant who has now vacated. The lease requires reinstatement to base-build specification at lease end (8 years remaining):
Nominal reinstatement cost: €420,000. Timing: 8 years to lease end. Discount rate: 3.5% (pre-tax rate reflecting time value and risk specific to the obligation). Present value = €420,000 / (1.035)^8 = €420,000 / 1.3168 = €318,916. The provision is recognised at €318,916 (PV). Each year, the discount unwinds: Year 1 interest = €318,916 × 3.5% = €11,162, increasing the provision to €330,078.